NORTH HAVERHILL — A 70-year-old Lyme woman facing a negligent homicide charge alleging she was distracted by a dog in her car when she struck and killed an Enfield man will try to settle her case with prosecutors next month.
Nancy Allison had a final pretrial conference scheduled for Wednesday, but it was continued in anticipation of engaging in a “felony settlement conference,” which provides a space for the prosecution and defense to continue negotiations confidentially in front of a judge who hasn’t yet heard the case, her attorney, Pat Hayes, said on Friday.
That type of conference isn’t widely used in the state, but the idea of it isn’t novel.
“We present our position and the judge gives a reading of the prospective outcome,” Hayes said. “(It’s) trying to enhance settlement of these kinds of cases and give an objective perspective.”
Allison is accused of negligently hitting and killing pedestrian John Polinski, of Enfield, with her Volkswagen Golf on Old Route 10 in Enfield on Nov. 18, 2017, according to the indictment handed up in September. Polinski, a 1962 Enfield High School graduate, served in the Air Force and worked for Verizon and its predecessor companies for more than 40 years.
Allison allegedly was tending to a pet at the time, causing her car to veer across the center of the road and hit Polinski, according to the indictment. Hayes has said it was a “tragic accident.”
Few other details about the case have been released; there is no affidavit because the case proceeded directly with an indictment, a court clerk said.
Allison has pleaded not guilty and maintains her innocence, Hayes said.
Out of thousands of court cases annually, superior courts in New Hampshire scheduled just 200 felony settlement conferences in 2018, court spokeswoman Carole Alfano said.
Hayes has never had a case end up in a felony settlement conference but he said he looks forward to the prospects of it.
If there is no resolution, Allison’s case will continue to trial, Hayes said.
Grafton County Attorney Marcie Hornick declined to comment on Allison’s case but said Grafton County in 2018 undertook 10 felony settlement conferences, which are closed to the press and public.
“It can be a very effective tool,” Hornick said.
Sullivan County Attorney Marc Hathaway said he rarely uses felony settlement conferences in his county.
“Historically, we are able to negotiate our cases without a tremendous amount of formality,” Hathaway said.
The superior court system in New Hampshire started using felony settlement conferences in 2012 as an alternative path to resolve criminal cases.
Jordan Cuddemi can be reached at jcuddemi@vnews.com 603-727-3248.
